Corrections Act 2004

Corrections system - Miscellaneous - Information sharing about child sex offenders

182B: Definition of child sex offender

You could also call this:

"What is a child sex offender in New Zealand law?"

Illustration for Corrections Act 2004

To understand what a child sex offender is, you need to know a few things. You are a child sex offender if you have been convicted of a qualifying offence, as defined in the Child Protection (Child Sex Offender Government Agency Registration) Act 2016, and your sentence for that offence still stands. You must also be subject to certain conditions, such as release conditions, or conditions of a sentence of supervision.

These conditions can include things like intensive supervision, community detention, or home detention, as outlined in the Sentencing Act 2002 and section 80A of the Sentencing Act 2002. However, you are not considered a child sex offender if you have not been subject to any sentence or conditions for a certain period of time since your last conviction, and you are not subject to an extended supervision order.

This means that if you have been convicted of a qualifying offence and are still subject to certain conditions, you will be considered a child sex offender, unless you meet the exceptions outlined in section 182A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296581.


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182A: Information sharing about child sex offenders, or

"Sharing information to keep children safe from people who have committed serious crimes against them"


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Part 2Corrections system
Miscellaneous: Information sharing about child sex offenders

182BDefinition of child sex offender

  1. For the purposes of section 182A, child sex offender means a person

  2. who has been convicted of a qualifying offence or a corresponding offence as defined in section 4 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016; and
    1. whose sentence for the relevant offence has not been quashed or otherwise set aside; and
      1. who is subject to release conditions (including conditions imposed under section 93 of the Sentencing Act 2002), conditions of a sentence of supervision, intensive supervision, community detention, or home detention (imposed under section 80A of the Sentencing Act 2002), post-detention conditions of a sentence of home detention, or conditions of an extended supervision order.
        1. However, a person is not a child sex offender for the purposes of section 182A if,—

        2. since his or her latest conviction for a relevant offence, the offender has had a period during which he or she was not subject to any sentence for an offence and was not subject to release or post-detention conditions of any sort; and
          1. the offender is not subject to an extended supervision order.
            Notes
            • Section 182B: inserted, on , by section 14(5) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
            • Section 182B(1): amended, on , by section 37(1) of the Statutes Amendment Act 2016 (2016 No 104).
            • Section 182B(1)(a): replaced, on , by section 58 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 (2016 No 42).
            • Section 182B(1)(a): amended, on , by section 37(2) of the Statutes Amendment Act 2016 (2016 No 104).
            • Section 182B(1)(c): replaced, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
            • Section 182B(1)(c): amended, on , by section 37(3) of the Statutes Amendment Act 2016 (2016 No 104).
            • Section 182B(2)(a): amended, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).